A Efetividade das políticas de valorização docente pela via judicial

Abstract

The present research aims to analyze the performance of the Judiciary with regard to the public policies of appreciation of teachers of basic education. The study was conducted through documentary research with a qualitative approach. The decisions of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ), related to the subject under analysis, as well as the country's legislation after the Federal Constitution of 1988, were taken as documentary sources. In order to assess whether the judicialization has been a skillful instrument for the implementation of such policies, the content analysis based on the neoinstitutionalist theoretical perspective has been adopted, by the public action approach, investigating the articulations and interactions among the actors, representations, institutions, processes and the results of the demands collected. The thematic analyzed in this research, therefore, is about the interface of fundamental social rights - right to quality education, right to decent work and access to justice - affections to teacher appreciation, considering it as the one that meets the tripod remuneration/ career/formation. After the conclusion of research, it was verified that the judicialization can undoubtedly be an additional instrument to ensure the effectiveness of teacher appreciation policies, however, it has not yet reached this goal because it is reduced to issues related only to remuneration and other economic and financial aspects, which limits the effects and impacts of the policy, while neglecting the other essential axes for an effective appreciation.